perfec - SMA Leeds Limited

84
Issue 3 I DVLA Personalised Registrations
Auctioneers’ Conditions of Sale
sufficient time for the sale of the lot and are
clear and unambiguous. The Auctioneer
shall endeavour to ensure that if identical
written bids are received that priority shall
be given to the bid received first.
27. Telephone and internet bidding may be offered as an
additional service for no extra charge. Bids made by
telephone or internet are solely at the bidders risk and
the service is provided subject to the Auctioneers
other commitments at the time of the auction and
therefore the Auctioneer cannot accept any liability if
bids received by telephone or internet are not placed.
The Auctioneer reserves the right to record telephone
bids.
28. Any bid made by an absentee bidder in writing,
or over the internet can only be withdrawn if in the
opinion of the Auctioneer significant written notice is
received prior to the sale of the lot.
The Auctioneer cannot accept any liability for failure
to withdraw such bids.
29. The Auctioneer has the complete discretion as to the
manner in which the auction is conducted and the
order in which lots are offered for sale not
withstanding any numbers given to lots within the
catalogue.
30. The Auctioneer has the sole discretion and the right
to refuse any bid, and/or to withdraw a lot from the
auction and if a dispute arises to re-auction a lot.
SALE
31. On the sale of any Lot the contract shall be deemed
to have been made between the Vendor and the
Purchaser and neither the Vendor nor the Purchaser
nor (where relevant) his nominee (nor any other
party) shall have any legal right of action against the
Auctioneers in respect of any cause or matter arisen
out of the sale.
32. The Purchaser, if,
(i) he is acting for a named Purchaser and wishes that
person to be named as the Purchaser (for the
purposes of the Regulations) on the Certificate of
Entitlement, and/or
(ii) he is acting for a named Purchaser who wishes
some other person to be named as the nominee of
that Purchaser (in accordance with the Regulations)
on the Certificate of Entitlement, or
(iii) he is acting as Purchaser and wishes to nominate
some other person as his nominee (in accordance
with the Regulations)
must provide the Auctioneers with the full name(s)
and address(es) of the Purchaser and the name of the
nominee (as the case may be) to be named on the
Certificate of Entitlement as the Purchaser and/or his
nominee on the day of the sale.
PAYMENT
33. Both the agent and Purchaser are equally and
severally responsible for payment.
34. On the fall of the hammer a 10% deposit will
automatically be taken from your nominated debit or
credit card. All successful bidders must forward the
balance of the payment within 5 working days of the
auction. If full payment is not received within the 5
days your nominated debit or credit will be charged
for the outstanding balance. It is of critical
importance that funds are readily available to you to
pay the purchase price for the lot in full before you
make a bid. If the 10% deposit is not authorised by
your bank, any further bids will be suspended.
35. VAT at the current rate is payable on the Bid Price of
every Lot.
36. The Purchaser shall pay to the Auctioneers on
making payment for the Lot, a premium of 8% of the
final bid price, plus VAT on the hammer price and
buyer’s premium together with the £80 assignment
fee.
37. A payment by cheque will not confer upon the
Purchaser or the nominated person an entitlement to
the Relevant Right until the cheque has been cleared
and will not until clearance be deemed to constitute a
payment within the meaning of these conditions.
38. A payment by credit card will not confer upon the
Purchaser or nominated person an entitlement to the
Relevant Right until cleared funds have been received
by the Auctioneer from the credit card provider and
will not until such time be deemed to constitute
Payment within the meaning of these conditions.
39. The Auctioneer is not liable for any disruption and or
failure to the internet based payment system. The
Auctioneer reserves the right to withdraw the service
at any time with or without notice and the Purchaser
must arrange to use an alternate method of Payment.
40. If the price of any Lot and any other payment due is
not paid in full the Auctioneers/Vendor reserve the
right to pursue the Purchaser and legal action will be
taken to recover the full or outstanding balance
appropriate.
41. If a Purchaser buys more than one Lot he must have
paid for them all in full before Certificates will be
issued in respect of any of them.
42. When payment in full for all the Lots purchased has
been received the Purchaser or some other person
nominated by him in accordance with paragraph of
the Schedule shall be entitled to acquire the Relevant
Right. The registered mark described in the Lot may
then be assigned to an Appropriate Vehicle registered
in the Purchaser’s name or that of the nominated
person whose name has been provided to the
Auctioneers by the Purchaser on the day of the sale.
43. On the fall of the hammer a contract is formed with
the Secretary of State for Transport and included in
that a contract is deemed to have been formed
between the Purchaser and the Auctioneer. In the
event of late payment, the Auctioneer reserves the
right to recover the amount owing to him and/or deal
with the matter in any way they see fit. The
Auctioneers retain the right to add a special service
charge in the event of late payment.
44. If the full purchase price is not received for a lot then
the Auctioneer will without providing further notice to
you and at the Auctioneer’s complete discretion be
entitled to exercise any of the following :-
• To resell the lot by auction or any other means and
reclaim any loss on the resale from any monies
already paid by the Purchaser.
• To charge interest on the purchase price at 5% per
annum above the base lending rate of Lloyds TSB
Bank plc from time to time to be calculated on a daily
rate from the date which the purchase price becomes
payable to the date of actual payment.
• To deduct from any part payments or deposits already
paid the interest payable, buyers premium and any
service charges due.
• To sell any other property in the Auctioneers
possession or control for any purpose (including
without limitation of the lot sold to you) and to apply
any monies due to you as a result such as sale in
payment or part payment of the purchase price and/or
towards satisfaction of any amounts owed to the
Auctioneer pursuant to these conditions of sale.
• Reject a bid from you at any future sale or require
you to pay an amount on account by way of deposit
before any bid will be accepted from you at a future
sale.
• Such deposit or money on account can be applied by
the Auctioneer as payment or part payment towards
the purchase price of any future lot which you are the
successful bidder.
• You will indemnify and keep the Auctioneer and the
seller fully indemnified against all legal and other
costs of enforcement and any other expenses and
losses (including the fees to which the Auctioneer is
entitled and are incurred by the Auctioneer) and or
the seller on a full indemnity basis together with any
interest thereon at a rate of 5% per annum above the
base lending rate of Lloyds TSB Bank plc from time to
time the date upon which the and or the seller
becomes liable to pay such costs or incurs such
expenses or suffers such losses.
45. DVLA’s 10 day cancellation period does not apply to
any marks purchased during any DVLA auction.
46. If you purchase an Unsold Lot after the auction you
can cancel your purchase within 10 working days
after the date of purchase.
To do this you would need to email the auctioneers at
auction@dvlaauction.co.uk within 10 working days
after the date of purchase.
Applications to cancel made after 10 working days
will not be accepted.
In your email please include:
• the registration number you purchased
• your bidder number
• your full name and address, as it was given at the time
of registering as a bidder. If you are applying on
behalf of a company, please provide us with your
position in that company
• a declaration that you will destroy the Certificate of
Entitlement (V750) once we have confirmed that your
purchase has been cancelled.
You will receive a reply within 10 working days of
your request. Any refund will be made to the
payment card used at the time of purchase.
Please be aware the 10 day cancellation policy does
not apply to any purchases made during the auction.